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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 167)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 167)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Teaman v. Lpp. their duty and assessed it as one tract. [Lenox v. Harrison, 88 Mo. 491; Mathias v. O'Neill, 94 Mo. 520; Blodgett v. Schaffer, 94 Mo. 652; Agan v. Shannon, 103 Mo. 661; State ex rel. v. Bank, 120 Mo. 161.] Hence, the petition must be construed as charging that the two hundred and sixty acres were treated as one tract in the assessment, in the suit for taxes and in the judgment, and that the judgment and special fi. fa. commanded the sheriff to sell the land or only so much thereof as was necessary to satisfy the judgment, interests and costs. The petition charges, and the demurrer admits, that it was not necessary to sell the whole tract to satisfy the judgment, which was for only $9.75, and the costs, which amounted to only $15.18, aggregating $24.93, with interest from September, 1897, the date of the judgment, to the date of the sale, which date is not stated, but is alleged to have occurred before this suit was begun on August 12, 1898; and it further alleges that the sheriff did sell the land in bulk, and that it brought $190, or about seven times the amount of the judgment, interest and costs, and that the land was really worth $800. The petition further charges that the land was easily susceptible of division and sale, either according to the recognized portions of the section, as established by the United States surveys and recognized by chapter 156, Revised Statutes 1889, in which the three parts lay, or into even smaller subdivisions, and that a sale of even the smallest subdivision would have yielded enough to pay the whole amount of the judgment, interest and costs. This is not only sufficiently averred, but the amount realized at the sale shows that it was not necessary to sell the whole tract in order to produce enough money to pay the judgment, ...


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Product Details
  • ISBN-13: 9780217870733
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 278
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 0217870732
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 499 gr


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